The Los Angeles Lakers will visit Memphis and try to win for a sixth straight win over the Grizzlies Monday night, February 1, 2010 8:00 PM ET at the FedExForum. So don't fail to watch Lakers vs Grizzlies live online on your PC.

Though the Grizzlies (25-21) are 17-6 at home this season, Los Angeles has won its last four trips to FedEx Forum.

The Blazers may need another big game from their point guard Andre Miller as it's unlikely Brandon Roy will return after spraining his right hamstring. Greg Oden and Joel Przybilla are also out for the season and Travis Outlaw is still a month or so away from returning from left foot surgery.

Charlotte is 21-16 since Stephen Jackson's arrival, and while 15 of those wins have come at home, it's starting to learn how to win on the road.

The Dallas Mavericks will try to end their four-game losing streak when they play the Utah Jazz Monday night, February 1, 2010 9:00 PM ET at the EnergySolutions Arena, Salt Lake City. So don't fail to watch Mavericks vs Jazz live online on your PC.

The Jazz who could have All-Star Deron Williams back in the lineup. Williams missed Friday's 101-94 home victory over Sacramento after attending a relative's funeral in West Virginia.

The Mavericks could have a tough time defending Williams, who has averaged 21.3 points and 14.3 assists in the four-game home win streak over Dallas.

The Denver Nuggets are likely to get Carmelo Anthony back when they host the Sacramento Kings Monday night, February 1, 2010 9:00 PM ET at the Pepsi Center. So don't fail to watch Kings vs Nuggets live online on your PC.

Anthony played just six games in January because of a sprained ankle.

The Kings have surprisingly given the Northwest Division leaders trouble this season. Sacramento, 3-20 on the road, will try to avoid losing 10 straight away from home for the first time since a 12-game skid from Nov. 23, 2008-Jan. 6, 2009.

The Miami Heat will try to avoid their fourth defeat in five games on Monday night, February 1, 2010 7:30 PM ET at the AmericanAirlines Arena, as they face off with the visiting Milwaukee Bucks. So don't fail to watch Bucks vs Heat live online on your PC.

Dwyane Wade tweaked his back in Saturday's loss, and his status for Monday's visit from the Bucks is uncertain.

The Bucks went 6-0 at home in January, but they have been a different team on the road. The team dropped eight of its last 10 games at Miami.

The New York Knicks again try to take out their frustrations on the hapless Minnesota Timberwolves on Sunday night January 31, 2010 7:00 PM ET at the Target Center. So don't fail to watch Knicks vs Timberwolves live online on your PC.

The Knicks suffered the most lopsided home loss in franchise history, falling 128-78 to Dallas.

The Wolves are trying to avoid being swept by the Knicks in a season series for the first time since losing both meetings in 2000-01.

(Look On! takes occasional note of noteworthy films.) Finally, a dramatic film made especially for Intlawgrrls. If you care about international justice issues, and especially about gender justice, go see Storm.This German/Dutch film tells the story of a woman prosecutor at the International Criminal Tribunal for the Former Yugoslavia, and her attempts to bring down a war criminal. In the course of doing so, she encounters a victim of one of the rape camps set up during the conflict. Not to give the film’s plot away, suffice to say it touches on a lot of the dilemmas and issues raised by international criminal prosecutions: the difficulty of the tribunals to adequately balance the needs of victims and the demands of successful prosecution (at one point, an exasperated prosecutor exclaims “a prosecution is not therapy!”), the compromises involved in plea bargaining, the continuing power dynamics in the region, the warring desires within victims to bear witness and to start anew. And especially, the tendency of international courts to downplay rape charges, to not recognize the importance of gender-based crimes, especially when it's not expedient to do so.The film is highly critical of the ICTY, but also sympathetic to the good intentions of the prosecutors. It could perhaps have spent a bit more time establishing the importance of prosecuting the former warlords before digging into the critique of the Tribunal’s actions. But given the usual simplistic narratives of courtroom dramas, the film does an excellent job raising the difficulties and complexities of making justice happen.

"Earthquake! We see the earth shake! But the soul of the Haitian people, It will never break!"

--Wyclef JeanThe FundamentalsFirst things first. Like all IntLawGrrls and people around the world, I express my deepest condolences to the hundreds of thousands who lost loved ones in the Haiti earthquake of 12 January 2010. Our true feelings are beyond written expression.We—the transnational or global “community”—must continue to support the Haitian people in their struggle for survival against the natural and man-made challenges arrayed against them.In the first moments and days of crisis and catastrophe, no one (should have) needed legal provisions or principles to understand certain aspects of "the right thing to do." And, from Port-au-Prince, we saw that the vast majority did not. Neighbors and family members used their bare hands, blowtorches, hammers, and whatever tools they could find to answer the cries of those trapped under rubble. Survivors shared what little food or water could be salvaged from destroyed kitchens. Instant caregivers stabilizing broken bones with wood and cardboard and string, then ran through the streets carrying survivors toward emergency help. Pick-up truck and cab drivers became ambulance and hearse drivers.Husbands and mothers waited for their wives and children, hearing faint voices in reality or only in their hearts and would not give up for days past what seemed to be the limits of survivability. And miracles happened. A 5-year old boy, then a 15-year old girl, did not give up even though trapped under tons of debris.Self-help, Social Media, and "Old" Media TooAnxious relatives and friends in New York, Miami, Boston, and other Haitian-American enclaves tried downed phone lines, then flooded Twitter and Facebook with information and requests for information about loved ones. Radio Haiti stayed on the air, relaying information throughout the country and to radio stations in the U.S. People shared information through Skype, and when cellphone networks went back up, even transferred text messages from underneath the rubble to rescue crews.A Transnational CommunityRescue teams, physicians, nurses, and health workers from Jamaica, Cuba, France, Israel, the United States, Venezuela, Poland, and elsewhere threw their gear into bags and hopped on planes.Adoption agencies worked with governments to speed through adoptions for children and already vetted prospective parents. Once a few banks and cash transfer agencies opened, remittances from the Haitian diaspora flowed like water into the country—even though the thousands waiting in long lines to receive them often could not gain access. Pre-earthquake estimates put remittances to Haiti from emigrants at 1.5 billion U.S. dollars annually.Lawyers and law students held training sessions to assist Haitians in the United States obtain “temporary protected status” (TPS). Members of the Congressional Black Caucus and other legislators worked to pass bills aimed at increasing aid or supporting the cancellation of Haiti's foreign debt.And the U.S. President and First Lady, keenly aware of the ongoing failures surrounding Hurricane Katrina (see posts here), sent strong statements of support, aid appropriations, (controversial) military support, and set up a bipartisan fund for private donations.Even the news media sometimes dropped their cameras, or used them to direct rescue workers or aid agencies to areas where they were needed. Of course, they were needed everywhere….Hollywood and New York entertainers used their talent to hold telethons like "Hope for Haiti Now" that kept attention focused, spirits uplifted, and the material support flowing.In amazing acts of faith, resilience, and defiance, the people, who had nothing but their spirit, sang and marched through ruined streets…The Impact of HistoryNevertheless, human history is also full of the worst expressions of cruelty, self-interest, and ignorance as well. The legacy of such horrors and abuse have left their mark on Haiti as well. Haiti, a former French colony, was initially a place for French planters and colonial elites to grow rich on the backs of African slave laborers. Those kidnapped to the island were often, and quite deliberately, worked to death. The trade in sugar, rum (see IntLawGrrl Marjorie Florestal’s series on “the story of rum” here), and African peoples made the country a focus of international policy and conflict from the beginning.Astonishingly, only days after the earthquake, a few misguided and uninformed U.S. opinion pieces speculated that the country’s contemporary poverty and lack of disaster response infrastructure should be laid squarely at the feet of “culture” or even religious tradition.Thankfully, historians, legal and human rights advocates, and Haitian-Americans of all walks of life continue to correct the record. Among other things, the Haitian revolution of 1791-1803, led by Toussaint L’Ouverture (left, image credit here; prior post) resulted in the first successful African-led rebellion against slavery and colonialism in the West. The reverberations of Haiti's independence in 1804 were, and are, enormous: the Louisiana Purchase that opened westward expansion of the United States; a demand that Haiti pay bankrupting war "reparations" to France for lost "property" that included the former slaves themselves; support for African-American and Latin American liberation struggles; U.S. occupation of the country in pursuit of commercial and strategic interests; the encouragement of racial and class divides based on color and language; foreign covert support for ruthless dictators like “Papa Doc” and “Baby Doc” Duvalier and their tontons macoutes; discriminatory migration policies toward Haitian “boat people”; and international aid and economic policies that further undermined economic and human development.Selected ResourcesThere are many historical, political, cultural, and legal accounts of Haiti's complex legacy. A few recent opinion-pieces and books follow:►Sir Hilary Beckles, “The Hate and the Quake—Rebuilding Haiti” The Nation (Barbados)►Guy-Uriel Charles, “Stop Calling Quake Victims 'Looters'”►Mark Danner, "To Heal Haiti, Look to History, Not Nature"►Edwidge Danticat, The Dew-Breaker ►Edwidge Danticat, Brother, I'm Dying►Paul Farmer, Pathologies of Power: Health, Human Rights, and the New War on the Poor►Tracy Kidder, Mountains Beyond Mountains: Healing the World: the Quest of Dr. Paul Farmer

►Randall Robinson, An Unbroken Agony: Haiti, from Revolution to the Kidnapping of a President Guiding PrinciplesPositive initial reactions to disaster are often motivated by the best of what humanity has to offer. We’ve seen authentic miracles and authentic heroes and heroines go into and come out of the devastation. Their acts of courage and survival are beyond the confines of the law and legality. They rest firmly in morality and the resilience of the human spirit.But even good intentions can be counter-productive or even harmful if states, humanitarian agencies, and ordinary people abandon the lessons of law and policy entirely. Transnational law helps to provide a much-needed framework for risk-reduction, preparedness, and responses that respect, protect, and fulfill human rights.Here are a few key points from the “soft law” instruments (that draw on “hard” international treaties and customary norms) such as the “Hyogo Declaration on Disaster Reduction” (prior IntLawGrrls post) and the Guiding Principles on Internal Displacement.State Responsibility. Although massive mobilization among charitable individuals and humanitarian organizations is essential and to be encouraged at a moment of crisis, the primary responsibility for reducing risk, preparing for disasters, and responding to them, rests with states. Where, as in the case of Haiti, there was significant logistical breakdown of the central government because of the disaster itself, the international community, in the form of the United Nations, must support legitimate governmental capacity in a coordinated way.Why? NGOs, preferably those that are local or that have built long-term relationships with people on the ground often can move more quickly and determine key areas of need. They also have obligations to respect and protect human rights under the Guiding Principles. But it is governments that have the large-scale and sustainable capacity to provide earthmoving equipment, helicopters, planes, ships, and trucks, and to set up fully-equipped medical triage and treatment areas.Obviously, individual small states, especially ones with already limited infrastructure, cannot do this alone where the needs of millions are involved. That is why, prior to disaster, all governments should be pressured to comply with their obligations under international human rights and humanitarian law and to assist others in doing so. When called upon by a government in need or by an international body such as the UN, governments around the world should be ready to respond quickly, efficiently, and without inappropriate strings attached.Preparedness and Risk-reductionSome lessons have been learned from the South Asian Tsunami, Hurricane Katrina, and other environmental disasters. Although certain disasters cannot be prevented, many can be prepared for. Building codes can be established and enforced, levees can be built to appropriate strength, tsunami warning systems can be established. Trade and agricultural policies that force rural to urban migration and urban overcrowding can be changed. Emergency supplies can be decentralized (a lesson of the tsunami) so that they can be better and more widely distributed even when roads are impassable. Evacuation plans should be in place. Governments and the international community need not wait for the heart-rending photos and videos to appear before taking action.CoordinationMedia and eyewitness reports in Haiti indicate that coordination has been haphazard and slow. Among other things, the UN peacekeeping mission to Haiti lost many of its most experienced people on the ground when a key office building collapsed. The initial outpouring of compassion is crucial, but so is coordination and planning. First responders, aid agencies, community leaders, the news media, local police, and the military must set up triage stations throughout the affected areas, assess the most urgent needs, and drop cross-organization barriers to the exchange of information.“Vulnerable” GroupsI sometimes resist using the term of art “vulnerable groups” in humanitarian contexts because it seems to reinforce the popular perception that all survivors of disaster or displacement are helpless. The heroism of many Haitian survivors should demonstrate that that is not the case.Yet, indeed, certain groups tend to be the most targeted or neglected in the days and weeks following a disaster.Children: Thousands of children lost parents in the disaster. Speaking of culture and community, many are, or will be, cared for by surviving relatives or neighbors. But the Haiti disaster was so extensive that thousands of children may be left without adult care or supervision because so many adults have been killed or severely injured. Providing clean water, emergency medical care, food, and shelter to children must be at the top of the agenda.As difficult as it is even to write, there are reports of actual or attempted child trafficking of unaccompanied or orphaned children. Needless to say, trafficking in persons is an international crime. It may also be so unthinkable to some that they forget or underestimate the risk. Both legal and practical strategies must be in place to prevent and stop human trafficking, reuniting children with their own relatives or placing them with responsible and loving adoptive parents after careful vetting. These, too, are "guiding principles."The Elderly. Haitians who have lived to their 80s or 90s are, by definition, tough and resilient. They are also the bearers of culture, history, survival strategies, and family love. These mothers and fathers of the nation will need continuing medical care and emotional support. They will also be among those with the long memories and wisdom necessary to advise on transformative rebuilding.Women. We've all seen the pictures in Haiti and elsewhere. After a disaster, as food aid and water trucks come in, the strongest young men push forward, leaving many women and children without. We've also seen that some are trying to provide for the women and children in their own families, but humanitarian workers know that distribution of aid to women is a partticular problem. There are reports that women-only aid distributions may finally be starting in Haiti, following the well-known truism that women tend to share the aid they receive within extended families and communities.People with Disabilities. Unfortunately, the earthquake’s aftermath will increase significantly the number of people living with disabilities in Port-au-Prince and elsewhere in Haiti. Like others, they will need immediate medical care and other basic needs. But in a country where certain basic adaptive needs and jobs of all kinds are in short supply, they may experience social isolation, stigma, employment discrimination, and official neglect. Instead of warehousing the disabled in institutions, emphasis should be placed on rehabilitation, popular education about the capabilities of those with physical or intellectual disabilities, and even the creation of small businesses aimed at local adaptive needs.Don’t ForgetBy now, all readers are aware of the many organizations working toward a better life and human rights for the Haitian people. See posts by IntLawGrrls Diane Marie Amann; Jaya Ramji-Nogales, Naomi Norberg, Marjorie Florestal, and by me here.Even if we are not in the region, we can pressure our own governments to enact or support just policies toward the country and its people. There will be other catastrophes, unfortunately, but don’t forget the joys and pain of Haiti.In addition to Partners in Health, Oxfam America, TransAfrica Forum, and other groups previously mentioned in earlier posts, here are a few additional humanitarian and advocacy resources:

When we design an interfaces, whether they are for web applications or car dashboards, we think about the user. What information is most important, allowing the user to complete the most important task, and what isn't? What information is relevant at which points in a task sequence, and how can the interface scale on demand, providing more information or functionality only when it is needed?

As readily as those commenting on this article confuse anecdotes with statistical reality, designers can fall into the trap that just one more piece of information or interesting interface something-or-other adds to the experience. Testing will almost certainly demonstrate that less is more.

As an anecdote (aha!) we recently conducted a four-cell test on variations of a page for AddThis. Sure enough, the simplest page increased conversion (the user completed the primary task) by a very large and statistically significant amount.

Fewer distractions are good, and simple works. For a great discussion of this phenomena, check out The Paradox of Choice by Barry Schwartz.

So, bringing this back to driving: please, the next time you're behind the wheel, hang up the phone, put down the map, and stay out of the passing lane unless you're passing. That last one has little to do with distraction, but makes me crazy.

In the first few days after the quake, France joined other nations in searching for ways to help Haitian survivors. Not only was aid sent to Haiti, but some Haitians were/are being welcomed in France. As the United States granted Temporary Protected Status (TPS) to Haitians already in the US, thus allowing them to work and send remittances home to Haiti, France began bringing over Haitian children who were in the process of being legally adopted in France. Welcomed by First Lady Carla Bruni Sarkozy (at right with Michelle Obama, credit), the headlines were in stark contrast to those that followed soon after and announced the arrival on Corsican beaches of 124 Kurdish refugees from Syria, including 38 children, who were immediately placed in detention. There was a lot of bad press along the lines of: legally adopted children make good refugees; children washed up on the beach fleeing poverty, war, what-have-you, do not. In pretty short order, 94 of the 124 were released due to rights violations. Meanwhile, the issue of creating a status of "environmental refugee" resurfaced, but two Haitians who had just arrived, apparently without proper documentation, were ordered sent back to what is left of their country.Would creating a new status for individuals fleeing environmental disaster do the trick? It seems such status would concern primarily refugees from global warming, and even the UN High Commissioner for Refugees doesn't think Haitian quake victims need any special asylum treatment because the Dominican Republic is taking them in. And France has something called subsidiairy protection: originally granted to Algerians fleeing fundamentalist terrorism in the 1990s, it was transformed into more general protection under the impetus of a proposed (now adopted) European Union provision to provide temporary protection to individuals needing protection but not qualifying for refugee status. Individuals receiving such protection are not granted full refugee rights (which makes it harder for them to become financially stable, contributing members of the society in which they live) and are under constant threat of being sent back to their country of origin once the authorities deem it safe. It is thus highly regrettable that subsidiary protection has become the status of choice granted by France and other EU Member States to women and girls fleeing gender persecution, for instance. Subsidiairy protection would also be inappropriate for individuals whose place of origin is rendered inhabitable by climate change--once risen, the sea is not likely to recede; once melted, the polar ice caps will not reform any time soon. Such protection might, however, be very appropriate for Haitians fleeing quake devastation, as they should be able to return in the foreseeable future.

On this day in ...... 1953, Professor Doktor Gertrude Lübbe-Wolff (right) was born in Weitensfeld, Austria. She studied law at the Universities of Bielefeld and Freiburg and at Harvard Law School, earning her Dr. jur. from Freiburg and her LL.M. from Harvard, then beginning a law teaching career at Bielefeld. She's published widely, on issues including public law and environmental law. First elected a deputy judge in 1996, she's served since 2002 as a Judge of Germany's Federal Constitutional Court (Second Senate).

The Oklahoma City Thunder look to shut down another top scoring team as they host the Golden State Warriors on Sunday night, January 31, 2010 7:00 PM ET at the Ford Center. So don't fail to watch Warriors vs Thunder live online on your PC.

Oklahoma City has been one of the league's top defensive teams, holding opponents to an average of 95.5 points after surrendering 103.1 last season en route to finishing 29-53.

Golden State is the conference's worst in that category, letting opponents shoot 48.3 percent, and allows a league-high 111.3 points a contest.

The Phoenix Suns and Houston Rockets are facing off this Sunday night, January 31, 2010 7:00 PM ET at the Toyota Center, in a rematch of a wild game from earlier this month. So don't fail to watch Suns vs Rockets live online on your PC.

Houston must win to avoid losing the season series with Phoenix, a potential tiebreaker between two teams battling at the bottom of the Western Conference playoff picture.

The Phoenix Suns and Houston Rockets are facing off this Sunday night, January 31, 2010 7:00 PM ET at the Toyota Center, in a rematch of a wild game from earlier this month. So don't fail to watch Suns vs Rockets live online on your PC.

Houston must win to avoid losing the season series with Phoenix, a potential tiebreaker between two teams battling at the bottom of the Western Conference playoff picture.

The Toronto Raptors will try to avoid going cold against Indiana again as it tries for a season high-tying fifth straight win Sunday, January 31, 2010 6:00 PM ET at the Air Canada Centre, in the opener of a home-and-home series. So don't fail to watch Pacers vs Raptors live online on your PC.

The Raptors are among the league leaders in this season, averaging 103.9 points and has moved within 5 1/2 games of Boston in the Atlantic Division.

The Pacers are searching for their third straight road win. They also come off of one of their worst offensive performances of the season, Friday night's 94-73 defeat to visiting Cleveland.

The Philadelphia 76ers will try to push the New Jersey Nets a step closer to the NBA's all-time worst record with its third straight victory in the season series Sunday night, January 31, 2010 6:00 PM ET at the IZOD Center. So don't fail to watch 76ers vs Nets live online on your PC.

The Nets more than halfway to replacing the 1972-73 Philadelphia squad (9-73) as the worst in league history.

The Orlando Magic visit the slumping Detroit Pistons on Sunday night, January 31, 2010 6:00 PM ET at The Palace of Auburn Hills, as they look to secure Stan Van Gundy a spot on the All-Star bench to coach the East. So don't fail to watch Magic vs Pistons live online on your PC.

While Orlando has now won five straight at home, they've struggled on the road, losing 10 of 13.

Detroit has dropped four straight entering this contest, including a dreadful performance in a 92-65 home loss to Miami on Friday. Even with Richard Hamilton, Detroit could have difficulty scoring against the Magic.

The Cleveland Cavaliers look to extend their latest winning streak to a season-high eight games as they kick off a seven-game homestand Sunday, January 31, 2010 6:00 PM ET at the Quicken Loans Arena, against the struggling Los Angeles Clippers. So don't fail to watch Clippers vs Cavaliers live online on your PC.

Cleveland suddenly appears to be running away with the race for the Eastern Conference's best record, as 22 wins in 26 games.

Los Angeles' latest two losses were particularly tough to take, starting Wednesday at New Jersey.

The Boston Celtics will host the Los Angeles Lakers Sunday afternoon, January 31, 2010 3:30 PM ET at the TD Garden. That makes Sunday's matchup of the last two NBA champions Boston's third game in four days -- all of them against top teams in the league. So don't fail to watch Lakers vs Celtics live online on your PC.

Kobe Bryant, noting their struggles against Orlando and Atlanta, predicted they will have things turned around by the time their archrivals arrive. The Lakers lost the 2008 championship at Boston.

The Denver Nuggets and San Antonio Spurs continue their season series Sunday, January 31, 2010 1:00 PM ET at the AT&T Center. So don't fail to watch Nuggets vs Spurs live online on your PC.

The Denver Nuggets had their worst scoring game of the season without NBA leading scorer Carmelo Anthony. Anthony has a left ankle sprain, which has kept him out the last three games.

The San Antonio Spurs, meanwhile, haven't let the loss of Tony Parker hurt their play. Parker is also hobbled by a mild left ankle sprain. He sat out against Memphis on Friday night, but the Spurs (27-18) still won 104-97.

The Charlotte Bobcats will try to mark four victories away from home Saturday night, January 30, 2010 10:00 PM ET at the ARCO Arena, against the slumping Sacramento Kings, who hope to avoid losing for the 14th time in 16 games. So don't fail to watch Bobcats vs Kings live online on your PC.

Charlotte is tied with Chicago for seventh in the Eastern Conference, thanks to an impressive 18-5 home record. While they haven't been remotely close to matching that success on the road, they're showing signs of turning things around.

The Kings opened this season in stellar fashion in Sacramento, winning 10 of their first 13, but have gone 3-6 there since.

With their All-Star guard Brandon Roy still sidelined, the Portland Trail Blazers look to avoid a season-high fourth straight loss when they visit the Dallas Mavericks on Saturday night, January 30, 2010 9:00 PM ET at the American Airlines Center. So don't fail to watch Trail Blazers vs Mavericks live online on your PC.

Roy missed his fifth consecutive game Friday with a sprained right hamstring. During their current three-game losing streak, the Trail Blazers have missed Roy at both ends of the floor while facing some of the NBA's top guards.

The Southwest Division-leading Mavericks (30-16) looking to avenge a rare home defeat to Portland and trying to bounce back from a 112-106 loss at Phoenix on Thursday.

The Memphis Grizzlies look to extend their franchise-record home winning streak to 12 games Saturday night, January 30, 2010 8:00 PM ET at the FedExForum, when they host a Hornets team that could be without its floor leader. So don't fail to watch Hornets vs Grizzlies live online on your PC.

Despite Friday's defeat in San Antonio, Memphis has still won seven of nine games since Jan. 12 with the only other blemish in this span being a 113-111 loss at New Orleans on Jan. 20.

There's reason to believe things will be different with a rematch at FedEx Forum, especially if Chris Paul is unable to play. Paul missed eight games earlier this season with a left ankle injury. This isn't a good sign for the Hornets considering how well the Grizzlies have been playing at home.

Over on the Flash Blog, they took a simpler, dare I even say Apple-like approach, and distilled the issue down to a graphic. As my friend Justin Thorp said over on Twitter, "Ouch."

Flash has become so integrated into the larger browsing user experience, the lack of support for it on a device intended to provide the ultimate browsing experience is painful. On a positive note, the conflict has at least reduced the jokes about the product name.

Readers who are following the progress of Guantánamo-related cases through domestic courts around the country will be no doubt familiar with the case of Omar Khadr (left). Arrested and detained in Guantánamo Bay while he was a minor, Khadr is a Canadian citizen who had secured a lower court ruling directing the Canadian government to make representations for his release. The Government challenged that decision in the Supreme Court, largely on the basis that the exercise of diplomatic functions is an Executive function from which the courts ought to exclude themselves or, at least, in which they ought to minimise their role quite significantly.In the Canadian Supreme Court's decision in Prime Minister of Canada v Omar Khadr [2010] CSS 3 there is a clear recognition of the participatory role of the Canadian government in the unlawful detention with statements provided by Canadian officials being one of the bases for his continued detention. However, while Khadr was entitled to a remedy the Supreme Court did not grant the remedy sought, i.e. an order that Canada request his repatriation. The Court did not accept that the government was immune from constitutional scrutiny when it comes to deciding on perogative powers. Rather, the court asserted its jurisdiction to decide (1) whether a claimed perogative power exists, (2) if so whether the Charter of Rights or constitutional norms have been breached in the exercise of that power, and (3) to make specific orders. However, the Court could not make an order directing the government to request repatriation as to do so is to infringe too greatly on the executive power relating to foreign affairs. The Court held that the appropriate remedy in such a case is to declare a breach of rights and then leave it to the government to decide how to react to that breach.The judgment seems to be a mixture of judicial muscularity (the claim that the conduct of foreign affairs is not an area within which the government can act without scrutiny) and deference (the claim that the government can not be directed to act in a certain way without the foreign affairs arena). While this might, at first, seem to indicate a contradictory viewpoint on the part of the Supreme Court, in my view it is in fact a good example of the kind of 'nudging' judgment we have seen in both the US and the UK superior courts in the 'War on Terrorism' (I have written about this here in the MLR and, forthcoming, also in the OJLS with an early, unproofed version here). What will happen if the Government does nothing or is not forced into doing something by parliament and 'the people'? That is perhaps the lingering question from Khadr. The hope is that it will not fall to the Court to decide it and, instead, the government will take steps to try to have Khadr repatriated.

'How can they ask us to forget and turn the page, when the consequences for entire families and generations have been so terrible?'

-- Ana González (left), 84, speaking about her decades-long "tireless advocacy for answers about the estimated 3,000 people who were killed or disappeared under the Pinochet dictatorship from 1973 to 1990." Profiled in a superb New York Times piece entitled "A Serene Advocate for Chile’s Disappeared," González lost her husband, 2 sons, and daughter-in-law when they disappeared in 1976. To this day she does not know what happened to them. (photo credit)

On this day in ...... 1018, 15 years of war between Henry II, the Holy Roman Emperor, and a Polish Great Duke known as Bolesław I the Brave ended by signature of the treaty, the Peace of Bautzen, at Schloß Ortenburg (left) atop the Saxony city for which the treaty is named. As with many accords of the day, peace depended on a division of disputed lands and the claiming as wife of the daughter of another noble family -- in this case Oda von Meißen, who'd become Queen of Poland.

For his next return to Milwaukee on Saturday night, January 30, 2010 8:30 PM ET at the Bradley Center, Dwyane Wade hopes to get some help from some hobbled teammates as the Miami Heat try to snap the Milwaukee Bucks' five-game home winning streak in the opener of a home-and-home series. So don't fail to watch Heat vs Bucks live online on your PC.

After beating Philadelphia 91-88 on Wednesday, Milwaukee looks to win back-to-back games for the first time since opening January with a three-game winning streak.

After playing poorly during their homestand, the New York Knicks may be looking forward to facing two of the NBA's worst teams on the road, beginning Saturday night, January 30, 2010 8:00 PM ET at the Verizon Center, against the Washington Wizards. So don't fail to watch Knicks vs Wizards live online on your PC.

The Wizards have lost four straight at the Verizon Center.

After facing the Wizards, New York, which has lost three of four on the road, visits the Western Conference-worst Timberwolves on Sunday.

The Orlando Magic will host the visiting Atlanta Hawks Saturday night, January 30, 2010 7:00PM ET at the Amway Arena. The top teams in the Southeast Division face off for the second time this month and now the Hawks will try to snap a five-game losing streak against the Magic. So don't fail to watch Hawks vs Magic live online on your PC.

The Hawks completed the four-game sweep of the regular-season series on Friday to move one-half game ahead of Boston Celtics for second place in the Eastern Conference. But as competitive as they've been lately, the Hawks have not looked like one of the conference's top teams in their first two meetings with the Magic. Orlando cruised to a 93-76 win Nov. 26 and routed Atlanta 113-81 on Jan. 9.

Like Atlanta, Orlando is also coming off a victory over Boston after defeating the Celtics 96-94 at Amway Arena on Thursday. Rashard Lewis made the go-ahead layup with 1.3 seconds remaining, capping the Magic's comeback from a 16-point deficit.

Readers of the Civil War 150 blog were asked: "What was the most important naval battle during the Civil War. Part 3 of the poll was quite the heated race between the Union Blockade and the Fort Pillow offensive of 1862. Results are as follows:

A majority of readers of the blog agree: the Union Blockade was a important yet difficult undertaking. The blockade, in large part built on the design of General Scott's "Anaconda Plan," stretched from the Atlantic to the Gulf Coast. Some of the war's greatest naval leaders stood in command of the blockading squadron, including Flag Officer Louis Goldsborough(North Atlantic Blockading Squadron), Rear Admiral David Dixon Porter (North Atlantic Blockading Squadron), Admiral David G. Farragut (West Gulf Blockading Squadron), and Rear Admiral Samuel Francis du Pont (South Atlantic Blockading Squadron).

Stephen Jackson returns to ORACLE Arena on Friday night, January 29, 2010 10:30 PM ET, for his first game there since Golden State traded him to Charlotte in November, facing a Warriors team that seems to be getting increasingly frustrated with coach Don Nelson. So don't fail to watch Bobcats vs Warriors live online on your PC.

With Nelson's up-tempo offense and talented players such as Monta Ellis, Golden State is third in the NBA with 107.5 points a contest.

Jackson, averaging 21.1 points with his new team, has helped turn Charlotte into a playoff contender.

After one of their best shooting games of the season, the Utah Jazz may have to get by without their injured leading scorer Carlos Boozer, as they host the lowly Sacramento Kings on Friday night, January 29, 2010 9:00 PM ET at EnergySolutions Arena. So don't fail to watch Kings vs Jazz live online on your PC.

If Boozer sits out, Deron Williams will be counted on to continue his consistent scoring. The point guard had 24 points against Portland.

Sacramento could certainly use another strong effort from veteran guard Kevin Martin as it tries to end an eight-game road skid. The Kings scored fewer than 87 points four times during that span.

The Memphis Grizzlies will catch a break as they try to avoid their 10th straight loss at the AT&T Center on Friday night, January 29, 2010 8:30 PM ET, as the Antonio Spurs won't have Tony Parker due to an ankle injury. So don't fail to watch Grizzlies vs Spurs live online on your PC.

A win in San Antonio for the first time since Feb. 26, 2005, would tie the Grizzlies with the Spurs for second place in the Southwest Division, and they won't have to worry about one of San Antonio's top offensive threats.

The Spurs snapped a three-game losing streak Wednesday with an impressive 105-90 win over Atlanta, but Parker sprained his left ankle and will sit Friday and possibly Sunday against Denver.

With Brandon Roy still bothered by an injury, the Portland Trail Blazers look to bounce back from disappointing loss Friday night, January 29, 2010 8:30 PM ET at Toyota Center, against the Houston Rockets, who try to avoid losing four consecutive home games for the first time in nearly four years. So don't fail to watch Blazers vs Rockets live online on your PC.

Portland hasn't had much success in Houston, losing five straight and 11 of 12 there, but the Rockets have been having their own problems at the Toyota Center.

After winning at San Antonio 116-109 last Friday, Houston has opened a season-high six-game homestand with three consecutive losses.

Looking to avoid matching a season high with their third consecutive loss, the visiting Miami Heat hope to have the talented second-year forward in the lineup as they try for a fourth straight win over the Detroit Pistons on Friday night, January 29, 2010 8:00 PM ET at The Palace of Auburn Hills. So don't fail to watch Heat vs Pistons live online on your PC.

The Miami Heat have hit a bit of a rough patch. Being without Michael Beasley could make it hard for them to end it.

Plagued by injuries all season, Detroit is seven games out of the final playoff spot in the Eastern Conference.

The game between the surging Denver Nuggets, who expect to have Carmelo Anthony back as they go for a ninth straight win, and the suddenly struggling Oklahoma City Thunder Friday night, January 29, 2010 8:00 PM ET at Ford Center, could be delayed with a severe winter storm blanketing Oklahoma City. Stay tuned to watch Nuggets vs Thunder live online on your PC.

The Denver Nuggets are the NBA's hottest team and would probably like to get this game in considering how well they've been playing lately.

Although the Thunder are in the postseason picture, they've lost three in a row following a three-game winning streak.

The Washington Wizards will play for the first time since learning three-time All-Star Gilbert Arenas has been suspended for the season when they visit the New Jersey Nets on Friday night, January 29, 2010 8:00 PM ET at the IZOD Center. So don't fail to watch Wizards vs Nets live online on your PC.

Washington learned Wednesday that Arenas and Javaris Crittenton were suspended without pay for the rest of 2009-10 for breaking NBA rules prohibiting firearms on team property.

The Nets (4-40) gave up hope of reaching the postseason long ago as they endure one of the worst seasons in NBA history.

The Chicago Bulls try to close the trip with a fifth straight win Friday night, January 29, 2010 8:00 PM ET at the New Orleans Arena, against the Hornets, who look to protect one of the West's best home records upon returning from their own successful road swing. So don't fail to watch Bulls vs Hornets live online on your PC.

Chicago, which has followed its previous four-game win streaks with at least two straight losses, hasn't won five in a row on the road since concluding the 2005-06 season on a six-game run.

The Hornets have won 16 of 20 at home, where they return following an impressive trip.

Enjoy live score, preview, recaps and highlights as you watch Chicago Bulls vs New Orleans Hornets live via online streaming this Friday night.

The Chicago Bulls try to close the trip with a fifth straight win Friday night, January 29, 2010 8:00 PM ET at the New Orleans Arena, against the Hornets, who look to protect one of the West's best home records upon returning from their own successful road swing. So don't fail to watch Bulls vs Hornets live online on your PC.

Chicago, which has followed its previous four-game win streaks with at least two straight losses, hasn't won five in a row on the road since concluding the 2005-06 season on a six-game run.

The Hornets have won 16 of 20 at home, where they return following an impressive trip.

Following an embarrassing defeat, the Los Angeles Clippers look to sweep their season series with the Minnesota Timberwolves as they continue their longest road trip of the season Friday night, January 29, 2010 8:00 PM ET at Target Center. So don't fail to watch Clippers vs Timberwolves live online on your PC.

Los Angeles faces a club with nine victories. The Clippers, 3-0 against the Timberwolves, have a chance to sweep the series for the first time since winning all four matchups in 1992-93

The Clippers, though, have lost 10 of their last 11 away from Staples Center. If Los Angeles struggles defensively again, its offense is going to need to be much sharper.

The Atlanta Hawks look to move into second place in the East on Friday night, January 29, 2010 7:30 PM ET at the Philips Arena, with a fourth straight win over the Boston Celtics, who arrive in Atlanta following a disheartening loss. So don't fail to watch Celtics vs Hawks live online on your PC.

A strong showing this weekend would help prove that Atlanta, which has won eight of 11, belongs with the top teams in the conference.

The Celtics will likely be eager to get back to the court following Thursday's tough loss in Orlando, their ninth loss in 15 games.

The Los Angeles Lakers try for a third consecutive victory when they visit Kobe Bryant's home town looking to hand the Philadelphia 76ers their third straight loss Friday night, January 29, 2010 7:00 PM ET at the Wachovia Center. So don't fail to watch Lakers vs 76ers live online on your PC.

After falling 106-105 at Toronto on Sunday, the Western Conference-leading Lakers are looking for a third straight victory over a team with a losing record.

Philadelphia looks to bounce back from a 91-88 loss at Milwaukee on Wednesday. Elton Brand had a season-high 26 points with 10 rebounds, but missed a short layup and a 17-foot fadeaway in the final seconds.

LeBronJames has averaged more than 41 points in the Cleveland Cavaliers' last three visits to Conseco Fieldhouse, and he'll look to help Cleveland win for the 12th time in 13 games against the Pacers on Friday night, January 29, 2010 7:00 PM ET. Rarely has James taken it easy against the Indiana Pacers. So don't fail to watch Cavaliers vs Pacers live online on your PC.

Indiana will be facing its second straight elite team after losing 118-96 to the Lakers on Wednesday night. The Pacers were down three at halftime but were outscored by 19 in the second half and outrebounded 62-42.

There's been a lot of discussion about the iPad among the design team at Clearspring – who will get one, the features we like, how we can trick the powers that be to get one for us (kidding, Hooman!) My partner in crime Jeff Wong wrote a blog post about his reactions to the iPad, and I'll probably write something more later, however I came across a link this morning that I thought I'd mention.

As an interface designer, one of the applications that immediately came to mind was collaborative sketching and wireframing, which would suggest something like a stylus. Steve Jobs mentioned this in his speech ("oh hell no", or somesuch) but most folks figured a third party would come up with one anyway. Yesterday, PC Magazine posted an article about Pogo releasing a stylus, with speculation that another would be quickly forthcoming specifically for the ipad.

So we shall see; there's the obvious issue of how easy it is to lose a stylus, although if I can keep track of my pen and my socks, I suspect the problem is surmountable. I'd probably just clip it to Apple's nifty multipurpose iPad Case (scroll down that page, it's towards the bottom.)

[Ed. As an aside, check out the little thumbnails of this jacket-case: Apple hasn't said much about this accessory, but note how this case doubles as a viewing stand, and typing stand, addressing one of the usability issues brought up about how it would be hard to type on the iPad when the back is beveled and it is sitting on a hard flat surface. Another point for Apple: solving problems with elegant simplicity. I just hope it can stand up to everyday use... better buy two.]

So, would you use a stylus? Will you buy one of these? Wait for second generation? What feature or accessory is on your wishlist?

As we’ve blogged before in connection with the sad case of La Rosita, abortion is prohibited in most Latin American states, with the exception of Cuba. Several Latin American states, however, have taken the ban to extreme limits, penalizing even the provision of therapeutic abortion. For example, Nicaraguan law completely prohibits abortion, regardless of the circumstances and even if the health of the woman is at risk from the continuation of the pregnancy. Prior to 2008, Nicaraguan law permitted “therapeutic abortions” only for those women and girls whose life or health was threatened by the continuation of their pregnancy and, in some cases, for victims of rape.The revised penal code repealed this provision. See Law No. 164, Penal Code of the Republic of Nicaragua. Nicaraguan law now completely prohibits abortion, regardless of the circumstances and even if the health of the woman is at stake, and if the woman has been raped or is the victim of incest. Abortion is also prohibited (and penalized) if the baby is unviable as in cases of ectopic pregnancy (when the fetus implants somewhere outside the womb such as the fallopian tubes (left)) or anencephaly—a neural tube defect in which the fetus fails to develop a brain or skull vault and is born with dramatic physical defects (below right). The latter condition is uniformly fatal; the baby is literally born dying and usually survives only a few days, although there are cases of children living beyond one year with aggressive and expensive medical interventions.The Nicaraguan law now imposes prison terms for both doctors and women or girls who carry out, or seek, an abortion (Article 143) and for doctors who cause unintentional harm to a fetus while administering medically necessary treatment to a pregnant women or girl (Articles 145, 148, and 149). Article 143, for example, provides:

Whosoever causes an abortion with the consent of the woman shall be sanctioned with a penalty of one to three years in prison. If the person is a medical professional or health worker, the penalty will simultaneously include being prohibited from working in medicine or as a health worker for two to five years.

The woman who intentionally causes her own abortion or agrees with someone elseto provide an abortion will face a penalty of one to two years in prison.

With strong backing from the Catholic Church and evangelical leaders, the law was put in place during the contested presidential election in 2006, when none of the candidates wanted to alienate church leaders. (Pro-choice protest at left). Legislators supporting the ban invoked fast-track procedures normally reserved for national emergencies.

Acts deliberately restraining women from … having an abortion constitute violence against women by subjecting women to excessive pregnancies and childbearing against their will, resulting in increased and preventable risks of maternal mortality and morbidity.

Report of the Special Rapporteur on violence against women, its causes and consequences, Ms. Radhika Coomaraswamy, in accordance with Commission on Human Rights resolution 1997/44, Addendum: Policies and practices that impact women’s reproductive rights and contribute to, cause or constitute violence against women, UN Doc E/CN.4/1999/68/Add.4, paragraph 57, 21 January 1999.

In response to a petition filed against Nicaragua, the Committee Against Torture ruled:

The Committee expresses its profound concern at the general prohibition of abortion in Articles 143 and 145 of the Criminal Code, including in cases of rape, incest or where continuation of the pregnancy poses a threat to the life of the mother, which in many cases directly result from crimes related to gender based violence. This situation particularly implies that those groups of women (aforementioned) are exposed to a constant risk of violations committed against them, which one supposes must cause extreme traumatic stress with the risk of suffering long-term psychological problems, such as anxiety and depression. The Committee also notes with concern that women who require an abortion in the circumstances mentioned, now run the risk of criminal sanctions. Also, it is of concern to this committee that the law which authorized therapeutic abortion in such circumstances was repealed in 2006 and since the adoption of this prohibition there have been various cases documented of women dying in pregnancy as a result of lack of medical treatment which could have saved her life, in clear violation of numerous codes of professional medical ethics. In this way, the Committee observes with concern that medical professionals can be investigated and criminally sanctioned by the state for practicing therapeutic abortion.

Consideration Of Reports Submitted By States Parties Under Article 19 Of The Convention, Concluding observations of the Committee against Torture, CAT/C/NIC/CO/1 (10 June 2009). Amnesty International’s brief in this case is available here. See Amnesty International, Nicaragua: The Impact of the Complete Ban of Abortion in Nicaragua: Briefing to the United Nations Committee Against Torture, Index No. AMR 43/005/2009 (April 29, 2009). Amnesty’s campaign on the Nicaragua law is available here. Human Rights Watch’s report is here.In the heart-wrenching case of K.N.L.H. v. Peru, the Human Rights Committee, which supervises state compliance under the International Covenant on Civil and Political Rights, ruled that Peru’s failure to offer an abortion to petitioner, whose fetus was anencephalic (right), violated petitioner’s rights to privacy, to special protection as a minor, and to be free from torture and other cruel, inhuman and degrading treatment. The latter ruling stemmed from the fact that petitioner was forced to give birth to an anencephalic baby and to care for the baby until she died several days later, which plunged the mother into a depression.The Nicaraguan court has yet to issue a ruling, which was expected in May 2009, on the constitutionality of the anti-abortion law. One media report suggests that a draft decision has been written but still needs to be reviewed and approved by the entire bench. According to this report, the decision declares the law unconstitutional. Let’s hope this prognosticator is accurate… Stay tuned.